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(영문) 수원지방법원 2020.06.18 2019가단569036
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 36,960,000 won and the period from March 7, 2020 to June 18, 2020.

Reasons

1. Basic facts

A. The Defendants, as married couple, jointly operated the “F” in Seopoposi E.

B. On February 8, 2019, the Plaintiff and the Defendants entered into a contract for painting construction with respect to housing located in Seopopo City G as follows:

(hereinafter referred to as “instant construction contract”). Article 1 (Details of Construction: 1 - Commencement on February 13, 2019 and 2nd completion on February 16, 2019 - The amount of public notice on the completion date separate from the completion date: 6,600,000 won for the intermediate payment of KRW 2,200,000 for the intermediate payment of KRW 2,200,000 for the remainder payment of KRW 2,200,000 for the second completion on February 12, 2019 and the completion of the construction after completion shall be paid in cash for each day without delay when the completion date set by the Plaintiff fails to complete this construction within the completion date or when the receipt of the designation and inspection date are made.

Compensation for delay shall be 10% of the contract amount.

Article 26 [Liability of Corporation] The Corporation shall faithfully perform its work by the date of completion of the work, and shall compensate for the entire contract amount when the Defendants waive their work in the middle of the work without the Plaintiff’s permission or agreement.

C. On August 21, 2019, Defendant C prepared a letter that “I will perform the Plaintiff’s best work in the instant construction work in good faith, and will perform his best work until the field agent approves it. In addition, I will prepare a letter that I will undertake the secondary construction work in accordance with the fairness of the field agent. I will prepare a written estimate of additional construction cost of KRW 3,500,000 (excluding value-added tax).

The Plaintiff paid KRW 5,00,000 to Defendant C on September 3, 2019, and KRW 3,800,000 to Defendant D on September 21, 2019.

E. Around October 6, 2019, the Defendants came to contact with each other.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 13 and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the Defendants did not perform the instant construction work.

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